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A BILL TO BE ENTITLED
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AN ACT
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relating to the treatment and recycling for beneficial use of |
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certain waste arising out of or incidental to the drilling for or |
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production of oil or gas. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 122.001, Natural Resources Code, is |
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amended by adding Subdivision (1-a) to read as follows: |
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(1-a) "Drill cuttings" means bits of rock or soil cut |
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from a subsurface formation by a drill bit during the process of |
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drilling an oil or gas well and lifted to the surface by means of the |
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circulation of drilling mud. |
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SECTION 2. Section 122.002, Natural Resources Code, is |
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amended to read as follows: |
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Sec. 122.002. OWNERSHIP OF CERTAIN OIL AND GAS WASTE |
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TRANSFERRED FOR TREATMENT AND SUBSEQUENT BENEFICIAL USE. (a) This |
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section applies only to oil and gas waste that consists of drill |
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cuttings or fluid oil and gas waste. |
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(b) Unless otherwise expressly provided by a contract, bill |
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of sale, or other legally binding document: |
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(1) when [fluid] oil and gas waste is transferred to a |
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person who takes possession of that waste for the purpose of |
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treating the waste for a subsequent beneficial use, the transferred |
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material is considered to be the property of the person who takes |
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possession of it for the purpose of treating the waste for |
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subsequent beneficial use until the person transfers the waste or |
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treated waste to another person for disposal or use; and |
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(2) when a person who takes possession of [fluid] oil |
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and gas waste for the purpose of treating the waste for a subsequent |
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beneficial use transfers possession of the treated product or any |
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treatment byproduct to another person for the purpose of subsequent |
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disposal or beneficial use, the transferred product or byproduct is |
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considered to be the property of the person to whom the material is |
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transferred. |
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SECTION 3. Chapter 122, Natural Resources Code, is amended |
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by adding Section 122.0025 to read as follows: |
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Sec. 122.0025. RESPONSIBILITY IN TORT FOR DRILL CUTTINGS. |
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A person who generates drill cuttings and transfers the drill |
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cuttings to another person with the contractual understanding that |
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the drill cuttings will be treated and used in connection with road |
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building or another beneficial use is not liable in tort for a |
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consequence of the subsequent use of the drill cuttings by the |
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person to whom the drill cuttings are transferred or by another |
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person. |
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SECTION 4. The heading to Section 122.003, Natural |
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Resources Code, is amended to read as follows: |
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Sec. 122.003. RESPONSIBILITY IN TORT FOR FLUID OIL AND GAS |
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WASTE. |
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SECTION 5. This Act takes effect September 1, 2015. |